LAWMAKER MULLS POT DRIVING IMPAIRMENT LEVEL

BOULDER - A state lawmaker is considering introducing a measure that
would establish a marijuana driving impairment level similar to the
0.08 blood alcohol level.

The Denver Post reports that Boulder Democrat Rep. Claire Levy plans
to sponsor a measure that sets the threshold for the pyschoactive
component of marijuana in the bloodstream at 5 nanograms per
milliliter of blood.

Vagueness in current state law plus concern over the rising use of
medical marijuana prompted the Colorado Commission on Criminal and
Juvenile Justice to draft a proposal.

Several states have zero-tolerance policies for THC or its
metabolites, while Pennsylvania and handful of other states have
established a limit of 5 nanograms per milliliter of blood.

"It will bring some clarity to the issue of whether you are or are not
impaired under the influence of marijuana," Levy told the Post. "...
There isn't a bright line right now."

Members of the commission, which is composed of law enforcement
officials, attorneys and citizens that examine justice reform issues,
endorsed the proposal last month.

"It became clear to us that marijuana is an area that had not been
given due consideration," said Arapahoe County Sheriff Grayson
Robinson, a commission member.

Robinson cited research that he says shows the proposed level is
indicative of impairment. Anyone stopped by police and who tests at
the 5 nanogram level would be presumed to be impaired, the same way a
driver over the 0.08 blood alcohol level would be considered impaired.

Sean McAllister, a lawyer who serves on the commission, raises
concerns that the research doesn't take into account the tolerance
level of medical marijuana patients. Frequent users may be able to
have higher THC levels without impairment, though he advises users to
wait four hours after using marijuana before driving.

"No responsible advocate of legalization believes that people should
be driving high," McAllister said.

In Colorado, THC or some other form of marijuana showed up in 26 of
the 312 drivers killed this year - or about 8 percent.